Fair question — recent cases on conduct dismissals
Carmelli Bakeries v Benali shows that even where an employee admits gross misconduct, there is no guarantee that the resulting dismissal will be fair. The EAT upheld a tribunal finding that an employee had been unfairly dismissed and victimised when he was summarily dismissed after using non-kosher jam at a strictly kosher bakery. The EAT found that his grievance and discrimination claim three years earlier, followed by ongoing requests for reasonable adjustments in relation to his disability, had led the employers to see him as a ‘problem employee’ as a result of which they did not consider any of the surrounding circumstances (in particular, the employee’s longstanding clean disciplinary record) which might have led them to show some leniency.
On the same theme, in Brito-Babapulle v Ealing Hospital NHS Trust, the EAT held that the fact that the employer was entitled to regard an employee’s behaviour (treating private patients while on sick leave) as gross misconduct did not inevitably answer the question of fairness — whether the dismissal was within the ‘band of reasonable responses’ by the employer. There has to be some consideration of whether mitigating factors (long service, the consequences of dismissal and having a previously unblemished record were mentioned) may be such that dismissal for gross misconduct is not reasonable…
If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Hogan Lovells
News from The Lawyer
Briefings from Hogan Lovells
The decision of the US Court of Appeals has raised questions about how issuers should present their disclosures on conflict minerals under Exchange Act Rule 13p-1 and Form SD.
An interesting judgment was delivered by the Honourable J Majiki on 19 November 2013 in the Eastern Cape High Court, Port Elizabeth.
Analysis from The Lawyer
As international firms question their future in these small, closely linked markets, local lawyers too are eyeing the business environment with caution
Beyond the headline infrastructure projects, UK construction work is still recovering from the clobbering it took during the slump